PR No – 63
20th March, 2024
New Delhi
Training on “Prevention of Sexual Harassment of Women at Workplace (PoSH) Act
PHDCCI organized Training on “Prevention of Sexual Harassment of Women at Workplace (PoSH) Act- “Building a Safe Workplace for Women” on 19th March 2024 at PHD House, New Delhi. A very eminent panel of experts shared their experience with the participants, making them understand the nitty-gritty of this legislature, providing in-depth training and answering doubts and queries.
Dr. Jatinder Singh, Assistant Secretary General, PHDCCI, welcomed everyone and mentioned that there is a critical need for making our workplace safe and there should be Zero Tolerance towards sexual harassment of women at workplace for ensuring inclusive growth. However, malafide complaints also needs to be looked into carefully. For implementation of this Act in an effective and justifiable manner it is important that not only the IC Members but also other employees need to be made more aware and knowledgeable to make our workplace a safe place to work.
Mr. Nakul Pathak, Co-Chair, HR & IR Committee, PHDCCI that culture of any organization is very important and plays a very important role in prevention of such incidences. Culture is our values and you can not outsource it. He mentioned an example of manufacturing plants where even near miss incidences of an accident is duly recorded and all training and actions are ensured to prevent any such action in future. Not only the IC Members of the organization need to be well versed with this legislature but also the other employees should have ample knowledge. The environment of the office should be such that we should feel happy while attending the office.
Dr. Shakuntala David, in her keynote address, shared “Psychological aspects of Sexual Harassment – Before, During & After”. She mentioned about Vishaka guidelines and also the formation of National Women Commission and how they played a very important role. She also discussed a number of cases in detail wherein she gave various instances to the audiences to make them better understand not only the decisions taken by the IC in those cases but also the basis of taking such decisions. She also explained different behaviours and patterns of victims and accused in different instances and cases and how those were handled by the IC. She also discussed with the participants regarding Malafide accusations and how those should be handled.
Ms. Navmallika Gupta, Partner, Counsel Quest LLPB mentioned that the training has been designed very meticulously keeping in mind the various scenarios faced by ICs. This session is going to provide every attendee an in-depth understand of the PoSH Act. The session delved into the realms of the definitions which are imperative for the better understanding and adjudication of complaints that may come to IC. Further, the processes involving conciliations and enquiry with understanding the Quasi-Judicial roll of the IC help building a strong understanding and applicability of the Act. The employers and their liabilities and responsibilities were also spoken about with many examples being furnished when the employers being non-compliant either with the formation of the IC or the correct implementation of the Act were duly penalized by the courts and the relevant authorities.
Other learned speakers of the training included: Ms. Noopur Singhal – Chairperson, LC-POSH, New Delhi District, Adv. Neha Rastogi, Senior Central Government Counsel, Mr Kanishk Agarwal, Founder – CriTaxCorp & Ms Rupa Singh, Associate Director- People, Knauf.
The training covered in-depth discussion on the following:
- Role of IC, LC, Presiding Officer
- Definitions- Employer; Workplace; Respondent etc.
- Admittance of Complaint and the guiding principles
- Process of Conciliation and its importance
- Interim Relief
- How to conduct an Inquiry? Timelines to be followed
- Dealing and accepting Witness Testimonies
- Evidence Collection and Interpretations
- Principles of Natural Justice and Powers of Civil Court as applicable on IC
- Conclusion and deliberation
- Employers Role in Recommendation/ Interim Relief implementation
- Documentation to be maintained
The knowledge partner of this training was Counsel Quest LLP and the event was supported by PHDCCI annual sponsors, DLF Ltd; Jindal Steel & Power; KLJ Group; Multani Pharmaceuticals Ltd; Marble City; MMG Group; Radico Khaitan Ltd; Uflex Ltd; Vestige; Eazy ERP Technologies; JK Tyre & Industries Ltd; Sagar Group of Industries; Superior Industries Limited; Samsung India Electronics; Oswal Greentech; Apeejay Stya Group; Blossom Kochhar Beauty Products Pvt Ltd; DCM Shriram; R E Rogers; Trident Group; Ajit Industries Pvt Ltd; Bhagwati Plastic and Pipes Industries; Central Coalfields Ltd; DD Pharmaceutical Ltd.; Hindware Sanitary; Jindal Steel; Modern Automobiles; P S BEDI & Co.